Assistant attorney general staff briefs committee on two pension‑related court cases

Chair introduced a legal update from the Attorney General’s office. Kate Adams, who said she is new to pensions and representing the Left 2 board as well, summarized two ongoing matters that could affect pension liabilities.

On Fowler et al v Leathers, Adams said the case is back in federal district court and "the only issue [is] the validity of the formula that the plaintiffs have advanced for calculating interest," and that cross motions for summary judgment are expected to be heard on May 1. On Dolan v King County (Pierce County Superior Court), Adams said the court ruled contrary to the state's position about whether the state could reimburse itself for attorney fees previously advanced to a class of PERS plaintiffs; she added that the court did not assess attorney fees against the state in that ruling.

Members asked that staff continue reporting developments so any potential fiscal impacts can be incorporated into actuarial and rate analyses. The chair and other members stressed the importance of learning whether litigation could create multi‑million‑dollar costs that would affect contribution rates.

Ending: Staff said a more complete written summary will be available for the May meeting and staff will be prepared to answer more detailed questions then.